Evans v. Atlantic & Pacific Railroad
Supreme Court of Missouri
Error to St. Louis Circuit Court. The rule exempting the master from damages for injury to the servant by reason of negligence of a fellow-servant, applies only to those who are strictly fellow-servants in the same department of service, and not where the departments are so far independent as to have no privity with each other. (4 Mete., 59.) The Rollback case, (43 Mo., 187) is inapplicable here.
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Error to St. Louis Circuit Court. The rule exempting the master from damages for injury to the servant by reason of negligence of a fellow-servant, applies only to those who are strictly fellow-servants in the same department of service, and not where the departments are so far independent as to have no privity with each other. (4 Mete., 59.) The Rollback case, (43 Mo., 187) is inapplicable here. His business was on the track, and he accepted the employment with the attendant risks as a track repairer. Evans was not paid for any risks, and his acceptance of them cannot be implied from the…
1Opinion of the CourtNapton, Judge
The petition in this case alleged that on or about the 27th of September, 1872, between three and four o’clock, p. m., the plaintiff was crossing the track of defendant where the same was laid along and across a public street in the town of Cuba, in the county of Crawford, and at a point on said track, within 80 rods from the .place where said railroad crossed a traveled public street of said town, and at a point within the limits of said town, less than 80 rods from the place where said railroad crossed a certain traveled public road and street of said town, and while crossing said track,…
2Cases cited1 opinion
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
3Cited by12 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Williams v. Chicago & Alton RailroadIllinois Supreme Court · 1891
- Reynolds v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1895
- Klanowski v. Grand Trunk Railway Co.Michigan Supreme Court · 1885
- Everett v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
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